Huynh (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The applicant was the young daughter of Thi Ngoc Huyen Ha, who was seeking to remain in Australia for medical treatment. The applicant's mother had a complex medical history and current treatment needs, and the applicant was seeking to accompany her as a support person.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a subclass 602 visa, specifically in relation to her role as a support person for her mother. The Tribunal was required to determine if the applicant, despite her young age, provided emotional support to her mother and if her mother met the relevant visa requirements.

The Tribunal found that the applicant, although only four and a half years old, provided emotional support to her mother. It was also satisfied that the applicant's mother met the requirements for a Medical Treatment visa under cl.602.212(2) of Schedule 2 to the Regulations. Consequently, the Tribunal was satisfied that cl.602.212(4)(a) of Schedule 2 to the Regulations was met.

The Tribunal remitted the application for a Medical Treatment (Visitor) (Class UB) visa for reconsideration by the Minister, with a direction that the applicant met the criteria specified in cl.602.212(4)(a) of Schedule 2 to the Regulations.